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Tracy Marshall assists clients with a range of business and regulatory matters.

In the business and transactional area, Ms. Marshall advises for-profit and non-profit clients on corporate organization, operations, and governance matters, and assists clients with structuring and negotiating a variety of transactions, including purchase and sale, marketing, outsourcing, and e-commerce agreements.

In the privacy, data security, and advertising areas, she helps clients comply with privacy, data security, and consumer protection laws, including laws governing telemarketing and commercial e-mail messages, contests and sweepstakes, endorsements and testimonials, marketing to children, and data breach notification. Ms. Marshall also helps clients establish best practices for collecting, storing, sharing, and disposing of data, and manage outsourcing arrangements and transborder data flows. In addition, she assists with drafting and implementing internal privacy, data security, and breach notification policies, as well as public privacy policies and website terms and conditions.

As to intellectual property matters, Ms. Marshall helps clients protect their copyrights and trademarks through registration, enforcement actions, and licensing agreements.

She also represents clients in proceedings before the Federal Communications Commission and Federal Trade Commission.

Ms. Marshall is a Certified Information Privacy Professional (CIPP/US) through the International Association of Privacy Professionals (IAPP) and a contributing author of the Consumer Protection Connection blog and Beyond Telecom Law Blog.

Canadian company Tapplock, Inc. sells smart locks to the U.S. market that the company advertised as “sturdy,” “secure,” and even “unbreakable.” Tapplock’s assurances that the locks were strengthened with “double-layered lock design” and made with “anti-shim and anti-pry technologies” could be quite an enticement for consumers looking for top-of-the-line connected home security. There was a

As fears escalate over the spread of coronavirus (COVID-19), scared consumers may be more susceptible to claims by companies offering cure-all remedies. The Federal Trade Commission (FTC) and Food and Drug Administration (FDA) are aware and looking out for consumers. The two agencies sent joint warning letters to seven companies – Vital Silver, Quinessence

On January 7, 2020, the National Institute of Standards and Technology (NIST) released a draft of revised cybersecurity recommendations for IoT devices at both the pre-market and post-market stages. NISTIR 8259, Recommendations for IoT Device Manufacturers: Foundational Activities and Core Device Cybersecurity Capability Baseline, identifies six voluntary steps manufacturers should take to account

Businesses that rely on standard contractual clauses (SSCs) to transfer personal data outside the European Economic Area (EEA) just got good news. The long-awaited decision from the EU Advocate General (AG) is here: SCCs are valid. The AG’s opinion, although non-binding, is significant for the case brought by Austrian privacy activist Max Schrems against Facebook,

From beauty gurus on Instagram to product reviewers on YouTube, influencers are big business for brands. However, the intentions aren’t always clear when reading the advice of a celebrity fitness trainer who was paid for his endorsement or watching a video of a fashionista who just received a new wardrobe from the clothing company she

You know that movie where a person thinks they’ve barricaded themselves in their house against a stalker, only to grasp the awful realization that the threat is “coming from inside the house”? Unbeknownst to you, that threat may, in fact, be coming from your smartphone, according to a complaint by the Federal Trade Commission (FTC).

Facebook is facing some big changes after the Federal Trade Commission (FTC) settled with the social media giant over charges that it violated an earlier consent agreement. The company will pay a penalty of $5 billion, which is not only the biggest privacy fine in history, but also, according to FTC commissioner Noah Phillips, “almost